Veterans Disability Lawsuit - How to File a
Veterans Disability LawsuitA veterans disability lawsuit could be a solution for a large number of veterans suffering from disabilities due to their military service. The Department of Veterans Affairs provides benefits to those who have been in the military, including medical treatment and specialty programs.
According to a lawsuit filed on Monday, Black veterans have disproportionately having a harder time receiving these benefits. The suit was filed on behalf of Conley Monk Jr. by Yale Law School's Veterans Legal Services Clinic.
PTSD
PTSD symptoms can manifest when people are traumatized. Symptoms include anxiety, nightmares or frightening flashbacks. The condition can also cause a person to avoid certain places or situations that trigger the trauma. This can cause depression and isolation. The good news is that PTSD can be managed with counseling and medication as well as the support of family members.
A new lawsuit jointly filed by Black
veterans disability lawyer and Yale law clinic found that the Department of Veterans Affairs denied disability compensation claims made by Black veterans consistently over the course of decades. NPR's Quil Lawrence reports that a whistleblower informed the vets that VA internal documents showed Black veterans were denied benefits more often than white veterans.
The lawsuit was filed by Marine Vietnam veteran Conley monk and Yale's Veterans Legal Services Clinic. The lawsuit cites data that show that between 2001 between 2001 and 2020, the average rate for Black
veterans disability lawyer with disability claims was rejected at 29.5 percent compared to 24.2 percent of white veterans.
The lawsuit seeks compensation for Monk and Black veterans who were wrongfully denied benefits. The lawsuit also seeks to for the VA to reassess tens of thousands of other claims which were wrongly denied. The lawsuit was filed this week in federal court.
Traumatic Brain Injury
TBI can be mild, moderate or serious and symptoms may be immediately visible or they may appear in the hours or even weeks following the injury. Some symptoms (headache, dizziness, fatigue) are physical, whereas others can include emotional, memory, concentration or behavioral issues. People with a TBI may also have trouble getting around or with balance and vision.
The brain damage from a TBI can be caused by a blow, bump or jolt on the head, whether from a blunt force or a penetrating wound (such as from a shot). The impact may cause the skull to break which can cause bleeding and bruising of the brain inside the skull. The brain can swell and push against the skull, causing blood circulation. The injury may affect the entire brain or a specific lobe in the brain.
Certain TBIs can be classified as closed while others as open. The classification is based on whether the skull was fractured or not and on whether the skull was closed or opened by the impact. TBIs can vary in severity, ranging from a concussion up to a coma. People who suffer from TBI are at a higher risk of developing depression, PTSD and other mental health issues. Some research suggests that having multiple moderate to severe TBIs could increase the chance of developing dementia and other movement disorders in later life.
Post Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) occurs when someone has suffered a trauma. The symptoms can manifest immediately following the event, or may develop years later. Memory problems, trouble getting sleep and concentrating, or feelings of anger or irritability, and being easily triggered are a few of the symptoms. Some people may experience depression or suicidal. PTSD can cause problems at home, work and in relationships. It can also cause alcohol or drug dependence.
The symptoms can be treated with psychotherapy, including eye movements desensitisation and Reprocessing (EMDR) or cognitive processing therapy. Some people with PTSD benefit from taking antidepressants such as selective serotonin reuptake inhibitors or SNRIs. These medications can help reduce symptoms and help people get through daily activities.
A few studies are looking at ways to avoid PTSD. This includes examining how genes and the brain can affect a person's response to trauma. Others are investigating the ways in which a normal stress response develops into PTSD and how to treat it in the early stages.
It is essential to consult a physician if you suffer from PTSD. Any symptoms that impact your everyday life, like difficulties getting along with others, or feeling angry or upset should be addressed immediately. Self-help can be helpful for some people with PTSD. They may benefit from discussing their experiences in therapy or doing relaxation exercises such as deep breathing and a rhythmic exercise. They may also gain from being able to share their fears with someone they trust.
Depression
Depression is a condition that can cause feelings of sadness and despair. Psychotherapy is one option to treat depression. This involves talking with a professional about the problems you are experiencing. You may be prescribed medication to help improve your mood. There are many types of psychotherapy, such as cognitive behavioral therapy, which helps you overcome negative beliefs and habits and interpersonal therapy, which concentrates on your relationships. There are group therapy options that bring people who have similar issues together in a supportive environment.
The lawsuit asserts that the VA has discriminated against Black veterans for decades, by rejecting disability compensation claim at a higher percentage than white veterans. Conley Monk is a Vietnam War veteran, who has been fighting for medical benefits as well as housing and education benefits for over 50 years. The suit is being filed by Yale Law School's Veterans Legal Services Clinic, which represented Monk in his successful bid to reverse his less than honorable military discharge due to PTSD and other injuries.
The lawsuit claims that racial prejudice in the justice system for military personnel impacted the discharge status of numerous Black service members, and VA officials should have been aware of this when they made the decisions on disability compensation. It cites a research study that found that between 2001 and 2020, the average rate of denial for Black veterans who applied for disability compensation was 29.5 percent, compared with 24.2 percent for white veterans.